[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Rules and Regulations]
[Pages 57873-57879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18183]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73

[NRC-2022-0216]
RIN 3150-AK92


Miscellaneous Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to make miscellaneous corrections. These changes include 
updating organizational information, revising an address, and 
correcting reference, spelling, and grammatical errors. The amendments 
also make updates to replace gendered terms with inclusive, gender-
neutral language. This document is necessary to inform the public of 
these non-substantive amendments to the NRC's regulations.

DATES: This final rule is effective on September 25, 2023.

ADDRESSES: Please refer to Docket ID NRC-2022-0216 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly available information related to this action by any of 
the following methods:
    <bullet> Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0216. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: <a href="/cdn-cgi/l/email-protection#135772647d3d557c61777661537d61703d747c65"><span class="__cf_email__" data-cfemail="8dc9ecfae3a3cbe2ffe9e8ffcde3ffeea3eae2fb">[email protected]</span></a>. For technical questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#1f4f5b4d314d7a6c706a6d7c7a5f716d7c31787069"><span class="__cf_email__" data-cfemail="f6a6b2a4d8a493859983849593b6988495d8919980">[email protected]</span></a>.
    <bullet> NRC's PDR: The PDR, where may examine and order copies of 
publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#96c6d2c4b8c4f3e5f9e3e4f5f3d6f8e4f5b8f1f9e0"><span class="__cf_email__" data-cfemail="9acadec8b4c8ffe9f5efe8f9ffdaf4e8f9b4fdf5ec">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Krupskaya Castellon, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-
9221, email: <a href="/cdn-cgi/l/email-protection#6f241d1a1f1c040e160e412c0e1c1b0a030300012f011d0c41080019"><span class="__cf_email__" data-cfemail="8cc7fef9fcffe7edf5eda2cfedfff8e9e0e0e3e2cce2feefa2ebe3fa">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Summary of Changes
III. Rulemaking Procedure
IV. Backfitting and Issue Finality
V. Plain Writing
VI. National Environmental Policy Act
VII. Paperwork Reduction Act
VIII. Congressional Review Act
IX. Compatibility of Agreement State Regulations

I. Introduction

    The NRC is amending its regulations in parts 1, 2, 26, 32, 40, 50, 
51, 52, 72, and 73 of title 10 of the Code of Federal Regulations (10 
CFR). The NRC is making these amendments to update organizational 
information, revise an address, and correct reference, spelling, and 
grammatical errors. This rule also makes updates to replace gendered 
terms with inclusive, gender-neutral language.

II. Summary of Changes

10 CFR Part 1

    Update Organization and Functions. In Sec.  1.42 concerning the 
Office of Nuclear Material Safety and Safeguards, this final rule 
revises the introductory text for paragraph (b)(26). The rule also 
revises paragraph (b)(30) to list financial assurance activities and 
adds a new paragraph (b)(33) to list duties for environmental 
activities. This final rule updates the regulations to align more 
closely with Commission direction in SRM-SECY-15-0143, ``Project Aim 
and Centers of Expertise,'' dated February 22, 2016 (Agencywide 
Documents Access and Management System ML16053A500) regarding Centers 
of Expertise.
    Update Organizational Functions. In Sec.  1.43, this final rule 
moves responsibility for review and evaluation related to reactor 
facilities insurance, indemnity, and antitrust matters from the Office 
of Nuclear Reactor Regulation to the Office of Nuclear Material Safety 
and Safeguards.

10 CFR Part 2

    Revise Nomenclature. This final rule revises 10 CFR part 2 to 
replace gendered terms with inclusive, gender-neutral language.
    Correct Reference. In Sec.  2.1202(a)(1), this final rule removes 
the incorrect reference to 10 CFR 50.12 and replaces it with the 
correct reference 10 CFR 50.10.

10 CFR Parts 26, 50, 52, and 73

    Revise Street Address. This final rule amends Sec. Sec.  26.11, 
50.4(a), 52.3(a), and 73.4(b) to add the mailing zip code for the hand 
delivery method for communications.

10 CFR Part 32

    Correct Reference. In 10 CFR 32.72(a)(2)(i), this final rule 
removes the incorrect reference to 21 CFR 207.20 and replaces it with 
the correct reference 21 CFR 207.17(a).

10 CFR Part 40

    Correct Spelling. This final rule amends Appendix A to part 40 to 
remove the text ``meterology'' and add in its place the text 
``meteorology.''

10 CFR Part 50

    Correct Typographical Error. This final rule removes a duplicative 
phrase in the introductory text of Sec.  50.55a(b)(2)(xliii).
    Correct Reference. This final rule reverts an inadvertent change to 
a reference in Appendix H paragraph III.B.1 that occurred during a 
direct final rulemaking (85 FR 62199) by removing the incorrect 
reference to ASTM E 185 and replacing it with ASTM E 185-82.

10 CFR Part 51

    Correct Reference. In Sec.  51.77(a), this final rule removes the 
incorrect reference to appendix M and replaces it with the correct 
reference subpart F.

10 CFR Part 72

    Correct Spelling. This final rule amends Sec.  72.3 to remove the 
text ``radioacive'' and add in its place the text ``radioactive.''

[[Page 57874]]

10 CFR Part 73

    Correct Grammatical Error. In Sec.  73.50, this final rule adds the 
indefinite article ``a'' before the words ``nuclear reactor'' in the 
introductory text.

III. Rulemaking Procedure

    Under section 553(b) of the Administrative Procedure Act (5 U.S.C. 
553(b)), an agency may waive publication in the Federal Register of a 
notice of proposed rulemaking and opportunity for comment requirements 
if it finds, for good cause, that it is impracticable, unnecessary, or 
contrary to the public interest. As authorized by 5 U.S.C. 
553(b)(3)(B), the NRC finds good cause to waive notice and opportunity 
for comment on these amendments, because notice and opportunity for 
comment is unnecessary. The amendments will have no substantive impact 
and are of a minor and administrative nature dealing with corrections 
to certain CFR sections or are related only to management, 
organization, procedure, and practice. Specifically, the revisions 
update organizational information and correct references, grammatical 
and spelling errors, and make updates to replace gendered terms with 
inclusive, gender-neutral language. The NRC is exercising its authority 
under 5 U.S.C. 553(b) to publish these amendments as a final rule. The 
amendments are effective September 25, 2023. These amendments do not 
require action by any person or entity regulated by the NRC and do not 
change the substantive responsibilities of any person or entity 
regulated by the NRC.

IV. Backfitting and Issue Finality

    The NRC has determined that the corrections in this final rule 
would not constitute backfitting as defined in Sec.  50.109, 
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4, 
``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests.'' These corrections also would not constitute 
forward fitting as that term is defined and described in MD 8.4 or 
affect the issue finality of any approval issued under 10 CFR part 52. 
The amendments are non-substantive in nature, and include updates to 
organizational information, corrections to references, grammatical 
errors and spelling, and make updates to replace gendered terms with 
inclusive, gender-neutral language. They impose no new requirements and 
make no substantive changes to the regulations. The corrections do not 
involve any provisions that would impose backfits as defined in 10 CFR 
chapter I, or that would be inconsistent with the issue finality 
provisions in 10 CFR part 52. For these reasons, the issuance of this 
final rule would not constitute backfitting or be inconsistent with any 
of the issue finality provisions in 10 CFR part 52. Therefore, the NRC 
has not prepared any additional documentation for this correction 
rulemaking addressing backfitting or issue finality.

V. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

VI. National Environmental Policy

    The NRC has determined that this final rule is the type of action 
described in Sec.  51.22(c)(2), which categorically excludes from 
environmental review rules that are corrective or of a minor or 
nonpolicy nature and do not substantially modify existing regulations. 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this rule.

VII. Paperwork Reduction Act

    This final rule does not contain a collection of information as 
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995.

VIII. Congressional Review Act

    This final rule is not a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808).

IX. Compatibility of Agreement State Regulations

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register (82 FR 48535), NRC program elements (including regulations) 
required for adequacy and having a particular health and safety 
component are those that are designated as Categories A, B, C, D, NRC, 
and H&S: and those required for compatibility include those regulations 
and other legally binding requirements designated as Compatibility 
Categories A, B, C, and D. Compatibility Category A are those program 
elements that include basic radiation protection standards and 
scientific terms and definitions that are necessary to understand 
radiation protection concepts. An Agreement State should adopt Category 
A program elements in an essentially identical manner in order to 
provide uniformity in the regulation of agreement material on a 
nationwide basis. Compatibility Category B are those program elements 
that apply to activities that have direct and significant effects in 
multiple jurisdictions. Compatibility Category B pertains to a limited 
number of program elements that cross jurisdictional boundaries and 
should be addressed to ensure uniformity of regulation on a nationwide 
basis. The Agreement State program element should be essentially 
identical to that of NRC. Compatibility Category C are those program 
elements that do not meet the criteria of Category A or B, but the 
essential objectives of which an Agreement State should adopt to avoid 
conflict, duplication, gaps, or other conditions that would jeopardize 
an orderly pattern in the regulation of agreement material on a 
national basis. An Agreement State should adopt the essential 
objectives of the Category C program elements. Compatibility Category D 
are those program elements that do not meet any of the criteria of 
Category A, B, or C, above, and, thus, do not need to be adopted by 
Agreement States for purposes of compatibility. Compatibility Category 
NRC are those program elements that address areas of regulation that 
cannot be relinquished to the Agreement States under the Atomic Energy 
Act of 1954, as amended, or provisions of title 10 of the Code of 
Federal Regulations. These program elements should not be adopted by 
the Agreement States. Category H&S program elements are not required 
for purposes of compatibility; however, they do have particular health 
and safety significance. The Agreement State should adopt the essential 
objectives of such program elements to maintain an adequate program.
    The final rule is a matter of compatibility between the NRC and the 
Agreement States, thereby providing consistency among Agreement State 
and NRC requirements. The compatibility categories are designated in 
the following table:

[[Page 57875]]



                                               Compatibility Table
----------------------------------------------------------------------------------------------------------------
                                                                                         Compatibility
             Section                      Change               Subject       -----------------------------------
                                                                                  Existing             New
----------------------------------------------------------------------------------------------------------------
Part 32:
----------------------------------------------------------------------------------------------------------------
    Sec.   32.72(a)(2)(i)........  Amend...............  Manufacture,         B                 B
                                                          preparation, or
                                                          transfer for
                                                          commercial
                                                          distribution of
                                                          radioactive drugs
                                                          containing
                                                          byproduct material
                                                          for medical use
                                                          under part 35.
----------------------------------------------------------------------------------------------------------------
Part 40:
----------------------------------------------------------------------------------------------------------------
    Introduction to Appendix A to  Amend...............  Introduction.......  C                 C
     10 CFR part 40.
----------------------------------------------------------------------------------------------------------------

List of Subjects

10 CFR Part 1

    Flags, Organization and functions (Government Agencies), Seals and 
insignia.

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Confidential business information, 
Freedom of information, Environmental protection, Hazardous waste, 
Nuclear energy, Nuclear materials, Nuclear power plants and reactors, 
Penalties, Reporting and recordkeeping requirements, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

10 CFR Part 26

    Administrative practice and procedure, Alcohol abuse, Alcohol 
testing, Appeals, Chemical testing, Drug abuse, Drug testing, Employee 
assistance programs, Fitness for duty, Management actions, Nuclear 
power plants and reactors, Privacy, Protection of information, 
Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 32

    Byproduct material, Criminal penalties, Labeling, Nuclear energy, 
Nuclear materials, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 40

    Criminal penalties, Exports, Government contracts, Hazardous 
materials transportation, Hazardous waste, Nuclear energy, Nuclear 
materials, Penalties, Reporting and recordkeeping requirements, Source 
material, Uranium, Whistleblowing.

10 CFR Part 50

    Administrative practice and procedure, Antitrust, Backfitting, 
Classified information, Criminal penalties, Education, Emergency 
planning, Fire prevention, Fire protection, Intergovernmental 
relations, Nuclear power plants and reactors, Penalties, Radiation 
protection, Reactor siting criteria, Reporting and recordkeeping 
requirements, Whistleblowing.

10 CFR Part 51

    Administrative practice and procedure, Environmental impact 
statements, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear 
power plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 52

    Administrative practice and procedure, Antitrust, Combined license, 
Early site permit, Emergency planning, Fees, Inspection, Issue 
finality, Limited work authorization, Manufacturing license, Nuclear 
power plants and reactors, Probabilistic risk assessment, Prototype, 
Reactor siting criteria, Redress of site, Penalties, Reporting and 
recordkeeping requirements, Standard design, Standard design 
certification.

10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, Spent fuel, Whistleblowing.

10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, 
Imports, Nuclear energy, Nuclear materials, Nuclear power plants and 
reactors, Penalties, Reporting and recordkeeping requirements, Security 
measures.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR parts 1, 2, 26, 32, 40, 50, 51, 52, 
72, and 73.

PART 1--STATEMENT OF ORGANIZATIONAL AND GENERAL INFORMATION

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 23, 25, 29, 161, 
191 (42 U.S.C. 2033, 2035, 2039, 2201, 2241); Energy Reorganization 
Act of 1974, secs. 201, 203, 204, 205, 209 (42 U.S.C. 5841, 5843, 
5844, 5845, 5849); Administrative Procedure Act (5 U.S.C. 552, 553); 
Reorganization Plan No. 1 of 1980, 5 U.S.C. Appendix (Reorganization 
Plans).

0
2. In Sec.  1.42, revise paragraphs (b)(26) introductory text and 
(b)(30) and add paragraph (b)(33) to read as follows:


Sec.  1.42   Office of Nuclear Material Safety and Safeguards.

* * * * *
    (b) * * *
    (26) Through a Center of Expertise, leads, manages and facilitates 
the following rulemaking activities:
* * * * *
    (30) Through a Center of Expertise, plans and directs program for 
financial assurance of NRC licensees including:
    (i) Ensuring licensee compliance with decommissioning funding 
assurance requirements.
    (ii) Preparing safety evaluations for power reactor and research 
and test reactors, applicants for new reactors, and for actions 
associated with license transfers and exemption requests in which 
financial qualifications and decommissioning funding assurance 
requirements for reactor licensees are assessed.
    (iii) Ensuring compliance with power reactor financial protection 
requirements in the form of insurance and indemnity coverage, and 
evaluation of foreign ownership, control, or domination concerns for 
potential new licensees; and

[[Page 57876]]

    (iv) Ensuring that materials and Independent Spent Fuel Storage 
Installation licensees meet decommissioning funding assurance 
requirements.
    (v) Performing review and evaluation related to reactor facilities 
insurance, indemnity, and antitrust matters.
* * * * *
    (33) Through a Center of Expertise, supports public health, safety, 
and the environment through activities including:
    (i) Leading environmental reviews for the NRC's licensing actions 
as required by the National Environmental Policy Act, the Endangered 
Species Act, Magnuson-Stevens Fishery Conservation and Management Act, 
National Marine Sanctuaries Act, and the National Historic Preservation 
Act; and
    (ii) Developing and issuing Environmental Impact Statements and 
Environmental Assessments, and coordinating these activities with other 
Federal, State, Tribal and local agencies; and
    (iii) Monitoring licensee adherence to endangered and threatened 
species take limits and consulting with other Federal agencies on 
endangered and threatened species, critical habitats, essential fish 
habitats, and national marine sanctuary resources.

0
3. In Sec.  1.43, revise paragraphs (e) and (f) and remove paragraph 
(g).
    The revisions read as follows:


Sec.  1.43   Office of Nuclear Reactor Regulation.

* * * * *
    (e) Provides guidance and implementation direction to Regional 
Offices on reactor licensing, inspection, and safeguards programs 
assigned to the Region, and appraises Regional program performance in 
terms of effectiveness and uniformity; and
    (f) Performs other functions required for implementation of the 
reactor licensing, inspection, and safeguard programs.

PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE

0
4. The authority citation for part 2 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy 
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act 
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy 
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) 
also issued under 28 U.S.C. 2461 note.


Sec.  2.102   [Amended]

0
5. In Sec.  2.102, amend the first sentence in paragraph (b) by 
removing the text ``he'' and adding in its place the text ``the 
Director''.


Sec.  2.103   [Amended]

0
6. In Sec.  2.103:
0
a. Amend the first sentence in paragraph (a) by removing the text 
``he'' and adding in its place the text ``the Director''; and
0
b. Amend paragraph (b) by removing the text ``he'' and adding in its 
place the text ``the Director''.


Sec.  2.203   [Amended]

0
7. In Sec.  2.203, in the third sentence, remove the text ``he'' and 
add in its place the text ``the presiding officer or Chief 
Administrative Law Judge''.


Sec.  2.206   [Amended]

0
8. In Sec.  2.206, amend the second sentence in paragraph (c)(1) by 
removing the text ``his'' and adding in its place the text ``their''.

0
9. In Sec.  2.313, revise paragraphs (b)(1) and (2) and (c) 
introductory text to read as follows:


Sec.  2.313   Designation of presiding officer, disqualification, 
unavailability, and substitution.

* * * * *
    (b) * * *
    (1) If a designated presiding officer or a designated member of an 
Atomic Safety and Licensing Board believes that they are disqualified 
to preside or to participate as a board member in the hearing, they 
shall withdraw by notice on the record and shall notify the Commission 
or the Chief Administrative Judge, as appropriate, of the withdrawal.
    (2) If a party believes that a presiding officer or a designated 
member of an Atomic Safety and Licensing Board should be disqualified, 
the party may move that the presiding officer or the Licensing Board 
member disqualify themselves. The motion must be supported by 
affidavits setting forth the alleged grounds for disqualification. If 
the presiding officer does not grant the motion or the Licensing Board 
member does not disqualify themselves, the motion must be referred to 
the Commission. The Commission will determine the sufficiency of the 
grounds alleged.
    (c) Unavailability. If a presiding officer or a designated member 
of an Atomic Safety and Licensing Board becomes unavailable during the 
course of a hearing, the Commission or the Chief Administrative Judge, 
as appropriate, will designate another presiding officer or Atomic 
Safety and Licensing Board member. If they become unavailable after the 
hearing has been concluded, then:
* * * * *

0
10. Revise Sec.  2.316 to read as follows:


Sec.  2.316   Consolidation of parties.

    On motion or on its own initiative, the Commission or the presiding 
officer may order any parties in a proceeding who have substantially 
the same interest that may be affected by the proceeding and who raise 
substantially the same questions, to consolidate their presentation of 
evidence, cross-examination, briefs, proposed findings of fact, and 
conclusions of law and argument. However, it may not order any 
consolidation that would prejudice the rights of any party. A 
consolidation under this section may be for all purposes of the 
proceeding, all of the issues of the proceeding, or with respect to any 
one or more issues thereof.


Sec.  2.337   [Amended]

0
11. In Sec.  2.337:
0
a. Amend paragraph (e) by removing the text ``his'' and adding in its 
place the text ``their'';
0
b. Amend paragraph (g)(1) by removing the text ``his or her'' and 
adding in its place the text ``their'';
0
c. Amend paragraph (g)(2)(iv) by removing the text ``his or her'' and 
adding in its place the text ``their''; and
0
d. Amend paragraph (g)(3)(iv) by removing the text ``his or her'' and 
adding in its place the text ``their''.

0
12. In Sec.  2.604, revise paragraph (c) to read as follows:


Sec.  2.604   Notice of hearing on application for early review of site 
suitability issues in construction permit proceeding.

* * * * *
    (c) Any person who was permitted to intervene as a party under the 
initial notice of hearing on site suitability issues and who was not 
dismissed or did not withdraw as a party may continue to participate as 
a party to the proceeding with respect to the remaining unresolved 
issues, provided that within the time prescribed for filing of 
petitions for leave to intervene in the supplementary notice of 
hearing, they file a notice of their intent to continue as a party, 
along with a supporting affidavit identifying the specific aspect or 
aspects of the subject matter of the proceeding as to which they wish 
to continue to participate as a party and setting forth with 
particularity the basis

[[Page 57877]]

for their contentions with regard to each aspect or aspects. A party 
who files a non-timely notice of intent to continue as a party may be 
dismissed from the proceeding, absent a determination that the party 
has made a substantial showing of good cause for failure to file on 
time, and with particular reference to the factors specified in Sec.  
2.309(c)(1)(i) through (iv) and (d). The notice will be ruled upon by 
the Commission or presiding officer designated to rule on petitions for 
leave to intervene.
* * * * *


Sec.  2.702   [Amended]

0
13. In Sec.  2.702:
0
a. Amend the first sentence in paragraph (a) by removing the text ``he 
or she is'' and adding in its place the text ``they are''; and
0
b. Amend paragraph (f) introductory text by removing the text ``he is'' 
and adding in its place the text ``they are''.


Sec.  2.703   [Amended]

0
14. In Sec.  2.703:
0
a. Amend paragraph (a)(3) by removing the text ``he intends'' and 
adding in its place the text ``they intend'';
0
b. Amend paragraph (a)(4) by removing the text ``himself'' and adding 
in its place the text ``themselves''; and
0
c. Amend the second sentence in paragraph (b) by removing the text 
``his or her'' and adding in its place ``their''.


Sec.  2.705   [Amended]

0
15. In Sec.  2.705:
0
a. Amend paragraph (b)(2) introductory text in the first sentence by 
removing the text ``his or her'' and adding in its place the text 
``their'' and in the second sentence by removing the text ``he or she 
determines'' and adding in its place ``they determine''; and
0
b. Amend paragraph (b)(3) by removing the text ``his'' and adding in 
its place the text ``their'' and by removing the text ``he'' and adding 
in its place the text ``the party''.

0
16. In Sec.  2.706:
0
a. Amend paragraph (a)(1) by removing the text ``him'' and adding in 
its place the text ``them'', and by removing the text ``he belongs'' 
and adding in its place the text ``they belong'';
0
b. Amend the first sentence of paragraph (a)(4) by removing the text 
``his or her'' and adding in its place the text ``their'';
0
c. Amend the first sentence of paragraph (a)(5) by removing the text 
``he or she is'' and adding in its place the text ``they are'';
0
d. Revise paragraph (a)(7).
    The revision reads as follows:


Sec.  2.706   Depositions upon oral examination and written 
interrogatories; interrogatories to parties.

    (a) * * *
    (7) A deposition will not become a part of the record in the 
hearing unless received in evidence. If only part of a deposition is 
offered in evidence by a party, any other party may introduce any other 
parts. A party does not make a person its own witness for any purpose 
by taking their deposition.
* * * * *


Sec.  2.708   [Amended]

0
17. In Sec.  2.708:
0
a. Amend the first sentence of paragraph (a) by removing the text ``his 
or her'' and adding in its place the text ``its''; and
0
b. Amend paragraph (b)(1)(i) by removing the text ``he'' and adding in 
its place the text ``it''.


Sec.  2.710   [Amended]

0
18. In Sec.  2.710:
0
a. Amend the third sentence in paragraph (b) by removing the text 
``his'' and adding in its place the text ``its''; and
0
b. Amend the first sentence of paragraph (c) by removing the text ``he 
or she'' and adding in its place the text ``it''.


Sec.  2.711   [Amended]

0
19. In Sec.  2.711, amend paragraph (i) by removing the text ``his''.

0
20. In Sec.  2.905:
0
a. Amend the first sentence of paragraph (a) by removing the text 
``his'' and adding in its place the text ``the''; and
0
b. Revise paragraph (b)(1).
    The revision reads as follows:


Sec.  2.905   Access to restricted data and national security 
information for parties; security clearances.

* * * * *
    (b) * * *
    (1) On application showing that access to Restricted Data or 
National Security Information may be required for the preparation of a 
party's case, and except as provided in paragraph (h) of this section, 
the Commission or the presiding officer will issue an order granting 
access to such Restricted Data or National Security Information to the 
party upon obtaining the required security clearance, to counsel for 
the party upon their obtaining the required security clearance, and to 
such other individuals as may be needed by the party for the 
preparation and presentation of the case upon their obtaining the 
required clearance.
* * * * *


Sec.  2.908   [Amended]

0
21. In Sec.  2.908, amend paragraph (a)(3) by removing the text ``he'' 
and adding in its place the text ``the party''.

0
22. In Sec.  2.909, revise the introductory text and paragraph (c) to 
read as follows:


Sec.  2.909   Rearrangement or suspension of proceedings.

    In any proceeding subject to this part where a party gives a notice 
of intent to introduce Restricted Data or other National Security 
Information, and the presiding officer determines that any other 
interested party does not have required security clearances, the 
presiding officer may in their discretion:
* * * * *
    (c) Take such other action as they determine to be in the best 
interest of all parties to the public.

0
23. In Sec.  2.910, revise paragraphs (c) and (d) to read as follows:


Sec.  2.910   Unclassified statements required.

* * * * *
    (c) If the presiding officer determines that the unclassified 
statement, together with such unclassified modifications as they find 
are necessary or appropriate to protect the interest of other parties 
and the public interest, adequately sets forth information in the 
classified matter which is relevant and material to the issues in the 
proceeding, they shall direct that the classified matter be excluded 
from the record of the proceeding. The presiding officer's 
determination will be considered by the Commission as a part of the 
decision in the event of review.
    (d) If the presiding officer determines that an unclassified 
statement does not adequately present the information contained in the 
classified matter which is relevant and material to the issues in the 
proceeding, they shall include their reasons in their determination. 
This determination shall be included as part of the record and will be 
considered by the Commission in the event of review of the 
determination.
* * * * *


Sec.  2.1202   [Amended]

0
24. In Sec.  2.1202, amend paragraph (a)(1) by removing the reference 
``10 CFR 50.12'' and adding in its place the reference ``10 CFR 
50.10''.


Sec.  2.1207   [Amended]

0
25. In Sec.  2.1207, amend paragraph (b)(4) by removing the text 
``his'' and adding in its place the text ``their''.

[[Page 57878]]

Sec.  2.1319   [Amended]

0
26. In Sec.  2.1319:
0
a. Amend the third sentence in paragraph (b) by removing the text 
``himself'' and adding in its place the text ``themselves''; and
0
b. Amend paragraph (c) by removing the text ``himself or herself'' and 
adding in its place the text ``themselves'' and by removing the text 
``he or she'' and adding in its place the text ``they''.

PART 26--FITNESS FOR DUTY PROGRAMS

0
27. The authority citation for part 26 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 53, 103, 104, 107, 
161, 223, 234, 1701 (42 U.S.C. 2073, 2133, 2134, 2137, 2201, 2273, 
2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 
U.S.C. 5841, 5842); 44 U.S.C. 3504 note.


Sec.  26.11   [Amended]

0
28. Amend Sec.  26.11 by adding zip code ``20852-2738'' after 
``Maryland''.

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

0
29. The authority citation for part 32 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 81, 161, 170H, 181, 
182, 183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2210h, 2231, 2232, 
2233, 2273, 2282, 2021); Energy Reorganization Act of 1974, sec. 201 
(42 U.S.C. 5841); 44 U.S.C. 3504 note.


Sec.  32.72   [Amended]

0
30. In Sec.  32.72, amend paragraph (a)(2)(i) by removing the reference 
``21 CFR 207.20(a)'' and adding in its place the reference ``21 CFR 
207.17(a)''.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
31. The authority citation for part 40 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 62, 63, 64, 65, 69, 
81, 83, 84, 122, 161, 181, 182, 183, 184, 186, 187, 193, 223, 234, 
274, 275 (42 U.S.C. 2092, 2093, 2094, 2095, 2099, 2111, 2113, 2114, 
2152, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2243, 2273, 2282, 
2021, 2022); Energy Reorganization Act of 1974, secs. 201, 202, 206, 
211 (42 U.S.C. 5841, 5842, 5846, 5851); Uranium Mill Tailings 
Radiation Control Act of 1978, sec. 104 (42 U.S.C. 7914); 44 U.S.C. 
3504 note.

Appendix A to Part 40--[Amended]

0
32. In the fourth paragraph of the the introduction to appendix A to 
part 40, remove the text ``meterology'' and add in its place the text 
``meteorology''.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
33. The authority citation for part 50 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste 
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National 
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.


Sec.  50.4   [Amended]

0
34. In Sec.  50.4, amend paragraph (a) by adding zip code ``20852-
2738'' after ``Maryland''.


Sec.  50.55a   [Amended]

0
35. In Sec.  50.55a, amend the paragraph (b)(2)(xliii) heading by 
removing the text ``Section XI Condition:''

0
36. In appendix H to part 50, revise paragraph III.B.1 to read as 
follows:

Appendix H to Part 50--Reactor Vessel Material Surveillance Program 
Requirements

* * * * *
    III. * * *
    B. * * *
    1. The design of the surveillance program and the withdrawal 
schedule must meet the requirements of the edition of the ASTM E 185 
that is current on the issue date of the ASME Code to which the 
reactor vessel was purchased; for reactor vessels purchased after 
1982, the design of the surveillance program and the withdrawal 
schedule must meet the requirements of ASTM E 185-82. For reactor 
vessels purchased in or before 1982, later editions of ASTM E 185 
may be used, but including only those editions through 1982. For 
each capsule withdrawal, the test procedures and reporting 
requirements must meet the requirements of ASTM E 185-82 to the 
extent practicable for the configuration of the specimens in the 
capsule. If any of the optional provisions in paragraphs III.B.4(a) 
through (d) of this section are implemented in lieu of ASTM E 185, 
the number of specimens included or tested in the surveillance 
program shall be adjusted as specified in paragraphs III.B.4(a) 
through (d) of this section.
* * * * *

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

0
37. The authority citation for part 51 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 161, 193 (42 U.S.C. 
2201, 2243); Energy Reorganization Act of 1974, secs. 201, 202 (42 
U.S.C. 5841, 5842); National Environmental Policy Act of 1969 (42 
U.S.C. 4332, 4334, 4335); Nuclear Waste Policy Act of 1982, secs. 
144(f), 121, 135, 141, 148 (42 U.S.C. 10134(f), 10141, 10155, 10161, 
10168); 44 U.S.C. 3504 note.
    Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under 
Nuclear Waste Policy Act secs. 135, 141, 148 (42 U.S.C. 10155, 
10161, 10168).

    Section 51.22 also issued under Atomic Energy Act sec. 274 (42 
U.S.C. 2021) and under Nuclear Waste Policy Act sec. 121 (42 U.S.C. 
10141).
    Sections 51.43, 51.67, and 51.109 also issued under Nuclear 
Waste Policy Act sec. 114(f) (42 U.S.C. 10134(f)).


Sec.  51.77   [Amended]

0
38. In Sec.  51.77, amend paragraph (a) introductory text by removing 
the reference ``appendix M'' and adding in its place the reference 
``subpart F''.

PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER 
PLANTS

0
39. The authority citation for part 52 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 103, 104, 147, 149, 
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134, 
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282); 
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.


Sec.  52.3   [Amended]

0
40. In Sec.  52.3, amend paragraph (a) by adding zip code ``20852-
2738'' after ``Maryland''.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
41. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.

[[Page 57879]]

Sec.  72.3   [Amended]

0
42. In Sec.  72.3, amend the definition of ``High-level radioactive 
waste or HLW'', in paragraph (1), by removing the text ``radioacive'' 
and adding in its place the text ``radioactive.''

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
43. The authority citation for part 73 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 
161A, 170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 
2167, 2169, 2201, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 2282, 
2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 
5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 
U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
    Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-
295, 94 Stat. 789 (42 U.S.C. 5841 note).

0
44. In Sec.  73.4 revise paragraph (b) to read as follows:


Sec.  73.4   Communications.

* * * * *
    (b) By hand delivery to the NRC's offices at 11555 Rockville Pike, 
Rockville, Maryland 20852-2783;
* * * * *


Sec.  73.50   [Amended]

0
45. In Sec.  73.50, amend the introductory text by adding the article 
``a'' before the words ``nuclear reactor''.

    Dated: August 18, 2023.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2023-18183 Filed 8-23-23; 8:45 am]
BILLING CODE 7590-01-P


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